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15 November 2018 / Dominic Regan
Issue: 7817 / Categories: Opinion , Procedure & practice , Costs
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Procedural nightmares

​Dominic Regan provides some answers to the civil procedure worries keeping you up at night

Every October, I visit six cities and deliver a lengthy annual review of civil procedure. This year, the same three concerns were raised at every venue. What follows are my answers to those questions.

How do I ensure that Pt 36 doesn’t trip me up?

It is astonishing to think that so far this year we have had over a dozen reported decisions on the measure, five from the Court of Appeal, and another High Court judgment is imminent.

First things first: one must abide by the requirements of the provision. The safest way to make a compliant offer is by using the court form of offer, the N242A. Use of the form is not mandatory, but the benefit is that it helpfully prompts the offeror as to what is required, such as a relevant period of at least 21 days. Do not seek to adjust the measures enshrined in the Rule.

The deadly trap within Pt 36 is that an

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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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